senate Bill S7834

Prohibits the purchase of more than 1 firearm during any period of 30 days

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 13 / Aug / 2012
    • REFERRED TO RULES

Summary

Establishes the class A misdemeanor of unlawful procurement of a firearm, for the purchase or acquisition of more that 1 firearm during any period of 30 days.

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Bill Details

Versions:
S7834
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §§265.45 & 400.15, amd §265.20, Pen L

Sponsor Memo

BILL NUMBER:S7834

TITLE OF BILL:

An act to amend the penal law, in relation to the unlawful procurement
of a firearm

PURPOSE:

The purpose of this act is to prohibit the purchase of more than 1
firearm during any period of 30-days, thus: (a) helping prevent gun
traffickers from buying guns in bulk and reselling them to prohibited
purchasers; (b) reducing the number of guns entering the illegal
market; and (c) stemming the illegal flow of firearms between states.

SUMMARY OF PROVISIONS:

Section one amends the Penal law by adding a new section 265.45. The
proposed legislation establishes the crime of unlawful procurement of
a firearm when: (i) He/She purchases or takes possession of more than
one firearm from any dealer in firearms during any 30-day period; or
(ii) Being a dealer in firearms, he/she sells or transfers a firearm
to any person who has purchased or taken possession of a firearm
during the previous 30-days. Unlawful procurement of a firearm is a
class A misdemeanor.

Section two amends the Penal law by adding a new subdivision e to
Penal law Section 265.45. This section provides exemptions to the
crime of unlawful procurement of a firearm.

Section three amends the Penal law by adding a new section 400.15. The
proposed legislation requires each dealer in firearms prior to the
sale of any firearm to request approval of such sale from the Division
of Criminal Justice Services (DCJS). Upon receipt of the approval, the
dealer in firearms shall record and report such sale to DCJS within 24
hours.

Section four establishes that this act shall take effect on the first
of January next succeeding the date on which it shall become a law.

JUSTIFICATION:

Federal law does not limit the number of guns a person may buy in any
given time period.

Studies show that firearms sold in multiple sales to the same
individual purchaser are frequently used in crime. ATF crime gun trace
data revealed that 22% of all handguns recovered in 1999 had been
transferred to a purchaser involved in a multiple sale. Crime gun
trace data from 2000 showed that 20% of all retail handguns recovered
in crime were purchased as part of a multiple sale.

The American public strongly supports laws limiting the number of guns
that may be purchased at one time. A national poll conducted for
Mayors Against Illegal Guns in the spring of 2008 found that 65% of


Americans favor limiting the number of handguns an individual is
allowed to purchase to 1 gun per month.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of January next succeeding the date on which it shall become
a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7834

                            I N  S E N A T E

                             August 13, 2012
                               ___________

Introduced  by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, BRESLIN, HASSELL-
  THOMPSON, KRUEGER, MONTGOMERY, OPPENHEIMER, PERKINS, RIVERA,  SERRANO,
  STAVISKY  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Rules

AN ACT to amend the penal law, in relation to the  unlawful  procurement
  of a firearm

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The penal law is amended by adding a new section 265.45 to
read as follows:
S 265.45 UNLAWFUL PROCUREMENT OF A FIREARM.
  A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN:
  1. HE OR SHE PURCHASES OR TAKES POSSESSION OF MORE  THAN  ONE  FIREARM
FROM ANY DEALER IN FIREARMS DURING ANY THIRTY DAY PERIOD; OR
  2.  BEING A DEALER IN FIREARMS, HE OR SHE SELLS OR TRANSFERS A FIREARM
TO ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM  DURING
THE PREVIOUS THIRTY DAYS.
  UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR.
  S 2. Section 265.20 of the penal law is amended by adding a new subdi-
vision e to read as follows:
  E. SECTION 265.45 OF THIS ARTICLE SHALL NOT APPLY TO:
  1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS
OFFICER  ACTING  WITHIN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT OR
OFFICIAL DUTIES;
  2. A UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF  THE  UNITED
STATES  OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED TO
POSSESS A FIREARM IN THE OPERATION OF HIS OR HER OFFICIAL DUTIES;
  3.  LICENSED  FIREARMS  MANUFACTURERS,  IMPORTERS  OR  DEALERS,  WHILE
ENGAGED  IN  THE  COURSE  AND  SCOPE  OF  THEIR ACTIVITIES AS LICENSEES,
PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES
ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW;
  4. A GUNSMITH ACQUIRING FIREARMS SOLELY FOR THE PURPOSES OF SERVICE OR
REPAIR, OR THE LAWFUL OWNER OF THE FIREARMS RETRIEVING THE FIREARMS BACK
FROM SUCH A GUNSMITH;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16416-02-2

S. 7834                             2

  5. A COMMON CARRIER, WAREHOUSEMAN, OR  OTHER  PERSON  ENGAGED  IN  THE
BUSINESS  OF  TRANSPORTING  OR  STORING  GOODS,  TO  THE EXTENT THAT THE
POSSESSION OR RECEIPT OF ANY FIREARM IS IN THE ORDINARY COURSE OF  BUSI-
NESS, AND NOT FOR THE PERSONAL USE OF ANY SUCH PERSON;
  6.  A  PERSON ACQUIRING FIREARMS BY OPERATION OF LAW UPON THE DEATH OF
THE FORMER OWNER OF THE FIREARMS; OR
  7. A PERSON WHOSE FIREARM WAS STOLEN OR  IRRETRIEVABLY  LOST  AND  WHO
CONSIDERS IT ESSENTIAL THAT THE FIREARM BE REPLACED IMMEDIATELY, IF:
  (A)  THE  PERSON  PROVIDES  THE SELLER OR TRANSFEROR WITH A COPY OF AN
OFFICIAL POLICE REPORT DESCRIBING THE LOSS OR THEFT OF THE FIREARM.  THE
OFFICIAL  POLICE REPORT MUST CONTAIN THE NAME AND ADDRESS OF THE FIREARM
OWNER, A DESCRIPTION OF THE FIREARM, THE LOCATION OF THE LOSS OR  THEFT,
THE  DATE  OF  THE  LOSS  OR  THEFT,  AND THE DATE THE LOSS OR THEFT WAS
REPORTED TO THE LAW ENFORCEMENT AGENCY; AND
  (B) THE LOSS OR THEFT OCCURRED WITHIN  THIRTY  DAYS  OF  THE  PERSON'S
ATTEMPT  TO  REPLACE  THE  FIREARM,  AS REFLECTED BY THE DATE OF LOSS OR
THEFT ON THE OFFICIAL POLICE REPORT.
  S 3. The penal law is amended by adding a new section 400.15  to  read
as follows:
S 400.15 DUTIES OF DEALERS IN FIREARMS.
  1. EACH DEALER IN FIREARMS SHALL PRIOR TO THE SALE OF ANY FIREARM TO A
PERSON REQUEST APPROVAL OF SUCH SALE TO SUCH PERSON FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  2.  UPON  RECEIPT  OF THE APPROVAL OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES OF A SALE OF A FIREARM, THE DEALER IN FIREARMS SHALL RECORD AND
REPORT SUCH SALE TO THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  WITHIN
TWENTY-FOUR HOURS.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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